US telecommunications law rewrite a mixed bag

Rep. Joe Barton (R-TX) has unveiled the final draft of a bill that would …

The US House of Representatives Committee on Energy and Commerce released the final draft (PDF) of the Communications Opportunity, Promotion and Enhancement Act, sorely needed legislation that would modify earlier telecommunications legislation to account for changes in technology.

Network neutrality

Those hoping network neutrality would be enshrined as the law of the land will be disappointed, as the bill omitted a requirement in the original proposal that would have barred "Broadband Internet Transmission Services" (BITS) providers from blocking or hindering "lawful content." In its place is a provision that would amend the Communications Act of 1934 to give the Federal Communications Commission the ability to "adjudicate any complaint alleging a violation of the broadband policy statement or the principles incorporated there-in."

The broadband policy statement (PDF) referred to in the legislation calls for the US "'to preserve the vibrant and competitive free market that presently exists for the Internet' and 'to promote the continued development of the Internet.'" One implication is that consumers should be able to access any Internet content that they desire.

Cable TV

Other aspects of the legislation deal with cable television and appear to be aimed at satisfying the desires of erstwhile phone companies like AT&T and Verizon to offer cable television over fiber. The bill would create a new "national franchise" category for cable operators and allow them to offer service throughout the US without having to negotiate franchise agreements with local municipalities. However, the franchise could be revoked in specific geographic areas if a national franchise becomes the only local service provider.

VoIP

VoIP providers will also have to provide full 911 and E-911 access to all of their customers, according to the bill. Owners of the E-911 networks (e.g., the local phone companies) will have to provide VoIP companies with access to their networks at "just and reasonable, nondiscriminatory rates, terms, and conditions." Exactly what constitutes "reasonable and nondiscriminatory" would be determined by the FCC.

Municipal broadband

Finally, a provision in the original draft of the legislation that would allow municipalities to deploy and operate their own broadband networks remained largely intact. So-called "public provider[s] of telecommunications service, information service, or cable service" would be able to operate free of state restriction. If the legislation passes as written, state laws in Arkansas, Florida, Missouri, and Texas would be superseded and cities and towns in those states would be able offer broadband and other communications services if they so desired.

Although absent from the bill, the issue of network neutrality is not dead yet. In the face of intense criticism, AT&T and Verizon have both backed off on the tiered Internet talk, saying last week that they do not have plans to hinder third-party traffic on their networks. Sen. Ron Wyden (D-OR) proposed legislation earlier this month that would enforce the principles of network neutrality, and that bill is still alive.

When I covered the initial draft of the legislation back last September, I found myself pleasantly surprised by some of its aspects. The lack of guaranteed network neutrality in the bill's apparently final form have put a bit of a damper on that, but there is still something for consumers here. State politicians lobbied by big ISPs such as AT&T and Comcast will no longer be able to halt the development and deployment of municipal broadband networks. VoIP customers should be happy as well, as dialing 911 will no longer be a crapshoot in some instances, meaning that stories like this one will hopefully disappear.